Terms of Use

Wow!  You actually came to this page.  We’re excited that you’re here because this page contains some pretty important information!   Our CEO is a lawyer and she was adamant that this page been written in readable English, not legalese. So, be smart and read the stuff on this page.  It could prevent you from hearing from our lawyers, or worse yet, from really mean people, like prosecutors.

Here’s the deal:

We run this site so that people like you (and people you like) can use it for personal entertainment, information, education, communication, and cyber gratification. So go ahead and browse around all you like. You can even download stuff from the site but only for non-commercial, personal use. If you do, though, don’t fool around with the copyright and other notices all over the stuff. They’re there for a really good reason. And don’t even think about distributing, modifying, transmitting, reusing, re-posting, or anything else un cool with any of the stuff, including the text, images, audio, and video, for public or commercial purposes unless we give you written permission. And it’s not likely we will.

If you visit our site, you’re also legally obligated to [read: stuck with] the terms and conditions listed below and any other law or regulation that applies to the site, the Internet, the World Wide Web, or the state, country or territory in which you live. You shouldn’t access or browse the site if you have any problem with the prior statement, because once you start, there’s no turning back — you are bound by [read: stuck with] the terms and conditions.

Keep Reading for Our 13 Rules When Spending Time On UpwardAction.com:

1.      For everyone’s sake, just assume that everything on the site is copyrighted unless we say it’s not. So you can’t use the stuff except how we say you can on this page or anywhere else on the site without our written permission. And like we said before, it’s not likely we’ll give you permission anyway. In fact, even if we wanted to, the lawyers are likely to veto any deal anyway. So it’s better you don’t even ask.

2.      While we try to include accurate stuff on the site, we’re not promising you it’s accurate. In fact, we’re not promising you anything except fun and entertainment. So if you use stuff on the site, you’re using it at your own risk. Don’t call us if there’s a problem because we assume no liability or responsibility for errors or omissions on the site.

3.      We and anybody else who helped us create, produce, or deliver the site are not liable for any damages you suffer when you use it. In particular, the lawyers want you to know that our disclaimer includes “direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the site. Without limiting the foregoing, everything on the site is provided to you ‘AS IS’ WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT.

Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. ” Ugh! What a mouthful from the mouthpieces. We put all of that in quotes because we couldn’t figure out any other way to say it that the lawyers would accept. But here’s the bottom line — we’re not responsible if you’re browsing around and the site damages you or your computer or infects it with any nasty viruses. We sure hope that doesn’t happen, but if it does, don’t call us.

4.  If you purchase a digital product or program on this page, it belongs to you.   We do not accept refunds on digital products.   Physical products (like CDs) can be returned within 15 days of purchase if they are in their original form.   You are responsible for all shipping and handling fees.   Coaching programs are not refundable.   We only want to work with people who are 100% committed to their success. So, if you are not sure that working with us in a coaching program is a good fit for you, don’t do it. We don’t support a “losers” mindset – so no refunds or other excuses allowed. We’re in it to win it. We expect our clients to feel the same.

5.  We don’t believe in “get rich” programs – only in hard work, adding value and serving others with consistency and excellence.  Success with our programs requires hard work and discipline, just like with any worthwhile endeavor or continuing education program.  You should not enroll in our programs if you are looking for a “get rich quick” solution; at UpwardAction, we only work with serious professionals who are dedicated to doing the work necessary to add value to their families, clients, customers, the world around them – and themselves.   As stipulated by law, we can not and do not make any guarantees about your ability to get results or earn any money with our ideas, information, resources, tools, tips or strategies.  We don’t know you and, besides, your results are up to you. Our goal is to provide you with practical and effective instruction, content, tips and strategies.  

All products and services by our company are for educational and informational purposes only. Nothing on this page, any of our websites, or any of our content or curriculum is a promise or guarantee of results or future earnings, and we do not offer any legal, medical, tax or other professional advice. Any financial numbers referenced here, or on any of our sites, are illustrative of concepts only and should not be considered average earnings, exact earnings, or promises for actual or future performance. When making decisions based on any information shared in our programs, products, services, events, social media accounts and websites, be aware that you could experience risk or losses just like any entrepreneurial endeavor.

We encourage you to be thoughtful and always consult your accountant, lawyer or professional advisor before implementing information related to your business, law practice or lifestyle in general.  You and you alone are both responsible and accountable for the decisions that you make, actions that you take and ultimately the results that you experience in life.   By purchase, subscription, reading, listening to or otherwise consuming information provided by Upward Action LLC, you agree that you will not hold us liable for your decisions, actions or results, at any time, under any circumstance.

6.      If you don’t want the world to know something, don’t post in on the site in any bulletin board or anyplace else. That’s because anything you disclose to us is ours. That’s right — ours. So we can do anything we want with the stuff you post. We can reproduce it, disclose it, transmit it, publish it, broadcast it, and post it someplace else. We can even send it to your mother (as soon as we find her address). Not only that, we can even use any ideas, concepts, know-how, or techniques you post any way we want to, including, developing, manufacturing and marketing products or other stuff using the information you post.

7.      Pictures of people or places shown on the site are either our property or someone else’s property we’re using with their permission. No matter what, it’s definitely not your property. You or any of your net-friends can’t use it unless we said you could on this page or somewhere else on the site. And guess what — we won’t say yes. So be careful because unauthorized use may violate all sorts of nasty laws. Be smart, keep the stuff you download to yourself.

8.      There’s also a lot of trademarks, logos, and service marks on the site that either we own or we’re using with someone else’s permission. So don’t think you have any kind of license or right to use them, because you don’t and we’re not about to give you one. If you don’t leave them alone and mess with our trademarks, logos and service marks on our site, we’ll probably go ballistic, so will the companies that own the other trademarks, logos and service marks. That means that we’re likely to sue you or to ask a prosecutor to come after you for messing around with our property or the property of others.

9.      You’ll probably notice we’ve linked our site to lots of others. While that’s cool, it doesn’t mean we’ve looked at all those sites, much less checked them out periodically to see what’s going on. So don’t blame us if some site you link to is bad or has stuff on it that offends you or your pets. Go ahead and link, but remember, you’re doing it at your risk.

10.      That brings us to what you do on our own site. While we occasionally listen in on chat groups, or look at the posting in our discussion groups or on our bulletin boards, we take no responsibility and assume no liability for the content of those locations or for any mistakes, defamation, libel, slander, omissions, falsehoods, obscenity, pornography, or profanity you might encounter when you visit such places on our site. And don’t be stupid by posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, nasty, mean, or profane material or any material that law enforcement types may consider a criminal offense, get someone in court on a civil lawsuit, or for that matter violate any law — anywhere, anytime. While we certainly respect your privacy, we have no choice but to fully cooperate with any law enforcement authorities or court which might ask us who might have posted nasty stuff on our site.

11.      Software that we use on this Site is protected by all sorts of patriotic U.S. laws. Because of that, you can’t download or send the software to anyone in the vacation travel spots of Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country where United States has embargoed goods; or (get this) to anyone on the United States Treasury Department’s list of Specially Designated Nationals, the U.S. Commerce Department’s Table of Deny Orders, or the FBI’s Most Wanted Internet Creeps List (just kidding on the last one). As if that were not tough enough, if you live in or are a national of any of those lovely places, you’re not even supposed to be reading this page, so please leave now.

12.     We’re also allowed to change this page and anything else on the site any time we want to. That’s because it’s ours and we have the programmers who can do it. If we do change the page, then you’re bound by [read: stuck with] those changes, too, whenever you visit our site.

13.       If either of us wants to make something of it and wants to “sue” (a dirty word) then we have to follow these rules of engagement. (Sort of according to the Geneva Convention):

This Agreement is governed by the laws of Washington, DC, without regard to principles of conflict of laws.

To the extent you have in any manner violated or threatened to violate Upward Action LLC and/or our  affiliates’ intellectual property rights, Upward Action LLC and/or our affiliates may seek injunctive or other appropriate relief  in any state or federal court in Washington, DC, and you consent to exclusive jurisdiction and venue in such courts.

Any other disputes will be resolved as follows:

If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in Washington, DC.  Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us.

If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration in Washington, DC, under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.

If this all sounds kind of mean and undiplomatic, you should have seen what the lawyers gave to us in the first place. We had to remind them that human torture and sacrifice was outlawed in the United States. Boy, did they look disappointed!

January 1, 2015
Upward Action LLC